The Principal Bench of NCLT, New Delhi on March 26, 2022 in the plea of M/s. Jones Lang Lasalle Building Operations Pvt. Ltd held that demand notice had to be taken to be validly served if delivered at the previous registered address prior to recording of change of address in records of the Registrar of Companies.

In the instant case, the petition was filed by M/s. Jones Lang Lasalle Building Operations Pvt. Ltd/ Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”). In 2017, the Corporate Debtor, who is a developer of building name ‘Red Mall’ hired the Operational Creditor, for its property management services such as security, housekeeping, horticulture, facade clearing etc. Since the Corporate Debtor failed to pay the invoice amount, the Operational Creditor approached the Tribunal. The address of the Corporate debtor had been changed at the time of serving the notice, but this change of address was not brought to the notice of ROC. In the ROC record, the previous registered address was showing.

The NCLT bench relied upon the judgment passed by the High Court of Delhi in Hotline Teletubes & Components Ltd V AS Impex Ltd and also relied upon the Judgment passed by NCLT, Chandigarh Bench in the matter of RPG Industrial Product Pvt. Ltd. Vs Sahil International Put. Ltd. The NCLT after appreciating the fact held that demand notice had to be taken to be validly served, if delivered at the previous registered address prior to recording of change of address in records of the Registrar of Companies.